In interpleader suits, a court must permit a deposit when the case is appropriately structured for it under CPC.

ORDER

The plaintiff in an interpleader suit has filed the above Civil Revision Petition seeking the following relief:

“To permit the petitioner to deposit the sum of Rs.25,10,059/- in the account of the aforesaid suit under order XXXV Rule 2 and consequently proceed as per Order XXXV Rule 4 of CPC to dispose of the suit expeditiously”.

2. The brief facts which are required to dispose of this revision are set out herein below and the parties are referred to in the same ranking as before the Trial Court.

(i) The plaintiff which is a Public Sector Undertaking awarded the tender for transportation of bulk petroleum products to M/s.Naveen Kumar Fuels. Originally, the said Firm was a proprietorship concern and the 1^st defendant was its proprietrix. She had been awarded the Retail Outlet Dealership of the plaintiff and thereafter, the proprietorship concern was re-constituted into a partnership firm consisting of defendants 1 and 2.

(ii) The plaintiff would contend that based on a letter dated

19.12.2011 issued in the name of M/s. Naveen Kumar Fuels by its Partner, the 1^st defendant, payments were being made by transfer to the current account of the firm with the Indian Overseas Bank, Vellore Branch. Later, the 2^nd defendant had sent a letter dated 14.02.2012 informing the plaintiff that the lorry hire charges were not being deposited to the Firm's bank account and requested the plaintiff to make the payment from the month of September 2011 to the SBI account of the Firm. This was followed by the reminder dated 02.03.2012 by the 2^nd defendant. Thereafter, a legal notice dated 13.03.2012 was issued by the 2^nd defendant as a partner of M/s. Naveen Kumar Fuels calling upon the plaintiff to pay the hire charges in the name of the partnership firm. In the said notice, it was stated that the

1^st defendant was collecting money without the knowledge of the other partners which was contrary to the spirit of the partnership.

(iii) After the issuance of the legal notice, the plaintiff had withheld the payment of a sum of Rs.25,10,059/- payable for the period from March 2012 to April 2013. The plaintiff had issued a letter dated 18.02.2022 calling upon the defendants to submit all the records including the bank account details of the firm. However, the defendants did not come forward to furnish the said details. The plaintiff was therefore retaining the said money and hence, they have come forward with the suit in question.

3. The learned VII Additional Judge, City Civil Court, Chennai without following the proceedure contemplated under XXXV Rule 4 of the Code of Civil Procedure, 1908 and without taking note of the written statement filed by the 1^st defendant wherein she had given her consent to allow the petitioner to deposit the said sum, had proceeded to treat the suit as regular suit, which is now posted for trial. The 2^nd defendant has remained ex-parte. Thus, aggrieved, the plaintiff is before this Court for the relief set out supra.

4. Order XXXV Rules 2 and 4 of the Civil Proceedure Code, 1908 is extracted hereunder:

2. P ayment of thing claimed into Court Where the thing claimed is capable of being paid into Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before the he can be entitled to any Order in the suit.

4. Procedure at first hearing (1) At the first hearing the Court may-

(a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit; or (b) if it thinks that justice or convenience so require, retain all parties until the final disposal of the suit.

(2) Where the Court finds that the admissions of the parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed.

(3) Where th